Delivery drivers are essential people in our lives. They bring us our amazon packages, shopping orders, and in times like these, even deliver our food and groceries right to our doors! Although delivery drivers seem like they have a fun job, it’s important to remember the risks associated with being a delivery driver, such as getting into accidents. What happens when they are injured on the job? Who can be held liable? Is workers’ comp available?
As we’ve mentioned before, Florida is a no-fault state, meaning that every driver is responsible for filing a claim with their own insurance company following an accident, no matter who’s at fault (iii). Because of this, if you were in a scenario where you’ve gotten into an accident with a delivery driver and they don’t have commercial insurance, you would need to file a claim through your auto insurance policy for any further compensation.
As the delivery driver, you could be protected through your employer’s insurance while also having personal auto insurance. Because of this, you must discuss their insurance policy protocols in advance with your employer before you even think about getting behind the wheel. If you are working as a contractor and are using your personal car for business use, be wary and talk to your insurance company first. Not all insurance companies will cover you if you are using your private vehicle for business purposes, so do your research before finding a policy that will work for you and cover all of your bases.
Workers Comp and “Acting in the course and scope of employment.”
As we know, Florida is one of the many states that requires almost every employer to provide workers’ compensation insurance for employees. If you find yourself injured on the job, working as a delivery driver, whether the injury is obtained from lifting heavy objects or getting hurt from a car accident, review your worker’s compensation policy. Confirm the procedure with your employer and be sure that you are granted the compensation that you deserve. If you are not an official employee and are working as a contractor, you may not be eligible for workers’ compensation but still may be able to file a claim against the other party who was involved.
So what happens if you (the delivery driver) are the one who caused the accident? Well, so long as you were “acting in the course and scope of employment,” your employer is the one who could be held responsible. This means that you were acting as an employee at the time the accident arose.
Suppose you were to make a personal pitstop along the way, texting, or doing something non-work related. In that case, insurance companies can use this against your case and say that you were acting outside of your employment, which can make claims more complicated. Again, working as a contractor can alter the claim process, being that you are not an employee of the business. If you have your own auto insurance policy, you may be able to claim compensation for any damages or injuries that were caused.
When anyone is injured while on the job, it can be a long and complicated process to obtain the compensation owed to you. Manuel Franco of the Franco Law Firm has been serving the Tampa Bay area for years and is skilled with winning back your right to compensation for workplace injuries. If you, or someone you know, has been injured while at work, please feel free to call us at (813) 872-0929 to schedule a free consultation so you can get back to work, feeling great!